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Old 01-28-2014, 01:55 AM   #1
danaslayer
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Exclamation Can DFW confiscate gear AFTER the charges are dropped?

Disclaimer: this is for my buddy who got a ticket over a year ago, lessons have been learned, please don't lecture me on following the DFW rules

Last year in January 2013, my buddy got a ticket for coming into shore with just lobster tails (no carapace to measure legal size, so they were wrote up as undersized). The game warden confiscated all his gear, including his brand new riffe cryptic camo suit and padauk speargun, over $1000 worth of total gear. Anyhow, he pleaded not guilty (don't know why), and they never re-schuduled another court date for his case. A year passes by, and the court just decided to drop the charge all together. However, Spencer, the game warden, still has my buddy's gear locked away, and does not intend to return it (Spencer directly told my buddy that this is his "consequence").

To me, something sounds fishy about this: Why is it that Spencer can still confiscate my buddy's dive gear, even after a year passed by and the charge was dropped all together?

Any advice on how to get his gear back would be much appreciated
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Old 01-28-2014, 02:01 AM   #2
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Do you think many people are going to side with your argument? Since Im the KOST, Ill tell ya hope he never gets the gear back. How come you're not asking about the lobster tails too? Expensive lesson learned....hopefully.
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Old 01-28-2014, 02:07 AM   #3
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Re: Can DFW confiscate gear AFTER the charges are dropped?

really unethical what that coastguard did, have you tried to find out if he can somehow report the situation?
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Old 01-28-2014, 02:08 AM   #4
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Re: Can DFW confiscate gear AFTER the charges are dropped?

I would let it go , if your poacher buddy pushes it the case can be reopened and he will still loose his gear and have a fine , loose his license for a year and have a record . He should just take his lumps like a man
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Old 01-28-2014, 02:10 AM   #5
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Re: Can DFW confiscate gear AFTER the charges are dropped?

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Originally Posted by phil herranen View Post
I would let it go , if your poacher buddy pushes it the case can be reopened and he will still loose his gear and have a fine , loose his license for a year and have a record . He should just take his lumps like a man
perhaps it would be smart for your friend to bite his tongue and take it as an expensive lesson.
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Old 01-28-2014, 08:16 AM   #6
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Re: Can DFW confiscate gear AFTER the charges are dropped?

The gear is kept as a trophy until someone gets to sell it for profit at your buddy's loss.
Two abuses within the legal system do not make it right. jmho.
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Old 01-28-2014, 10:34 AM   #7
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Re: Can DFW confiscate gear AFTER the charges are dropped?

There is a chance he could get the gear back but there is way too many gaps in this story. He could hire a lawyer but the cost of the lawyer may end up being more than the gear.

Questions needing to be answered:

1. was he given notice of an administrative forfeiture of the gear
2. was the case assigned to a judge then "dropped"?
3. Was the case ever filed? That is was an information filed by the State?
4. Did you friend just sit on his hands for a year and do nothing?
5. was your friend a juvenile or an adult?
6 how did he come to learn that charges were “dropped”

That is just a few questions an attorney would need to be answered along with any and all paperwork he may have. Good luck. (ps, I don’t want to know…..)
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Old 01-28-2014, 11:03 AM   #8
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Re: Can DFW confiscate gear AFTER the charges are dropped?

You say the case was "dropped"... that doesn't equate to "not guilty", but rather means a "withhold of adjudication".
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Old 01-28-2014, 11:46 AM   #9
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Re: Can DFW confiscate gear AFTER the charges are dropped?

I believe the gear should be returned to your friend. He really is a dumb ass for doing something so stupid but since the charges have been dropped in my mind it's like the violation never happened. Therefore they have no legal reason to hold onto his gear.
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Old 01-28-2014, 07:14 PM   #10
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Re: Can DFW confiscate gear AFTER the charges are dropped?

I'm with Gary. Confiscation of gear isn't at the prerogative of the arresting officer or, at least, the arresting officer doesn't get to keep the gear personally nor does he or she have the final say on whether it's returned.

When you say the court decided to "drop" the charges does that mean he was given legal notice that they were dropped? If so, he is innocent in the eyes of the law and has the right to involve the police if this warden continues to hold onto his gear.
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Old 01-28-2014, 07:20 PM   #11
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Re: Can DFW confiscate gear AFTER the charges are dropped?

How long before DFW auctions it off, or did they already.
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Old 01-28-2014, 08:14 PM   #12
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Quote:
Originally Posted by 2fishin2 View Post
Do you think many people are going to side with your argument? Since Im the KOST, Ill tell ya hope he never gets the gear back. How come you're not asking about the lobster tails too? Expensive lesson learned....hopefully.

I'm going to get you a Burger King crown!
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Old 01-29-2014, 02:02 AM   #13
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Wow, lots of responses, thanks guys. I completely understand that my friend was a dumbass to get the ticket in the first place, and I give him a ton of crap for it, but that's not the issue here, so lets keep the spearo ethics out of this thread. I'm pushing him to create a spearboard account and post on this thread, since he is a good spearo who unfortunately learned his lesson the hard way. Oh and btw he was a a juvenile when ticketed, but now an adult, if that helps. I'll try to coax more info from him regarding how he learned the charge was 'dropped', bear with me here.
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Last edited by danaslayer; 01-31-2014 at 12:31 AM.
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Old 01-29-2014, 03:00 AM   #14
2fishin2
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Asking us guys will get you no where. Have your friend contact a lawyer and see if he can help your friend get his lobster tails and gear back, if its even possible.

And just for the record IMO, a juvenile that breaks the law and poaches isnt "a very accomplished spearo"

Who knows, maybe the DFW has a basis for keeping the gear anyways.

Maybe its just better to let this all go? Or not, up to HIM and not you

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Old 01-29-2014, 10:48 PM   #15
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Re: Can DFW confiscate gear AFTER the charges are dropped?

Why doesn't he go to DFW Officer, very respectfully appologize for the entire situation...and explain lessons learned. Offer to go on a ride along to gain better appreciate for DFW operations and more appreciations for the resources they protect. He just might get his gear and be better for it. If he wasn't an a-h to the Officer intitially that might work.
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